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FISCHER v. OSTROFSKY

18 F.2d 964 (1926)

FISCHER et al. v. OSTROFSKY et al.

District Court, S. D. New York.

May 5, 1926.

Attorney(s) appearing for the Case

Pennie, Davis, Marvin & Edmonds, of New York City (W. B. Morton and E. H. Merchant, both of New York City, of counsel), for plaintiffs.

Hervey, Barber & McKee, of New York City (Andrew Foulds, Jr., of New York City, of counsel), for defendants.

WINSLOW, District Judge.

This is an action for infringement of patent to Philip A. Fischer, No. 1,337,397, patented April 20, 1920, on an adjustable cap. There is no question as to the plaintiffs' title, or their right to maintain this action. The only questions before the court are the validity of the patent and the infringement, if any, by the defendants' structure.

Claim 1 of the Fischer patent includes four elements:

(1) A visor.

(2) A...

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